Bonum Certa Men Certa

Shelston IP Keeps Pressuring IP Australia to Allow Software Patents and Harm Software Development

Grant Shoebridge wants what's good for Grant Shoebridge, not for Australia

Grant Shoebridge



Summary: Shelston IP wants exactly the opposite of what's good for Australia; it just wants what's good for itself, yet it habitually pretends to speak for a productive industry (nothing could be further from the truth)

THE corrupting influence of the patent 'industry' (notably law firms) is often mentioned here in relation to the USPTO. It also appears as though the patent 'industry' has leverage over Battistelli, which helps explain the EPO's suicidal (self-destructive) path. We'll write about that later today.



"...we have a pretty good idea (and record) of who lobbies who, when, and what for."Over the years we wrote about 200 short posts or long articles about patent policy 'down under', especially as it relates to software patents in New Zealand and in Australia (IPONZ and IP Australia, respectively). This means we have a pretty good idea (and record) of who lobbies who, when, and what for.

“Given the current substantial uncertainty that exists regarding how the proposed objects clause will be implemented, this draft legislation will be keenly anticipated and Shelston IP will keep you advised of developments.”
      --Grant Shoebridge
Over the past few years we've seen Shelston IP pushing patent extremism and software patents 'down under' e.g. [1, 2, 3]. They weren't quite so active until a few years ago. Nowadays they are lobbying IP Australia to become a patent maximalist (or a 'patent-printing machine') rather than a patent examination office, having noticed that the commission associated with productivity advised against software patents and policy adapted accordingly. Just before the weekend Grant Shoebridge from Shelston IP had another go at it:

In this first of two "patentable subject matter" articles, I will consider IP Australia's proposals in relation to the introduction of an objects clause and its seemingly significant potential impact on Australia's patent eligibility threshold.

[...]

The next stage in the introduction of an objects clause into the Australian Patent Act will be the preparation of an exposure draft of the legislative amendments together with a draft explanatory memorandum on the intended purpose and interpretation of the objects clause. Given the current substantial uncertainty that exists regarding how the proposed objects clause will be implemented, this draft legislation will be keenly anticipated and Shelston IP will keep you advised of developments.


Notice that last sentence; these people actually believe the law exists just to serve them and it's for them to decide on. How arrogant an assumption. They don't even produce anything.

What IP Australia needs to understand (and hopefully does already) is that firms like Shelston IP are foes of productivity; they derive power and income from litigation, disputes, threats of litigation, and escalating disputes. Whatever they suggest on the subject of patents is counterproductive to productivity. In a sense, one might as well just say that IP Australia needs to listen to what Shelston IP wants and then implement the exact opposite of what Shelston IP suggests.

Recent Techrights' Posts

Hopping From One Set of Buzzwords to the Next
Rotating hype and vapourware
Currys PCWorld Hates GNU/Linux Even Though It Runs the World
If more and more people choose to remove Windows, then Currys PCWorld will feel the financial impact of its dumb policies
The Register MS Takes More Money to Boost Slop Hype, This Time From Snyk, a Notorious FUD Source
At some stage or at some point they might even decide to stop doing so
"AI" Hype or LLM Slop is Not About Efficiency, It's About Lowering Standards
It does not seem like IBM is genuinely committed to the same goals (or commitments) as the original Red Hat
 
Moral Standards From the Masters of Linux
They get hung up on minor language issue and promote this crazy theory that racism will go away if only everyone spoke a little differently (no matter where he or she came from)
Links 14/08/2025: Data Brokers Hiding Opt-Out Pages From Google, "Fight Chat Control"
Links for the day
FSF Infrastructure Under Constant Attack
The disconnect (literally) has had an effect on credibility
Feels Like The Register MS is Trying to Diversify a Bit
If The Register MS goes back to being The Register US (or UK), that will be a nice improvement
Gemini Links 14/08/2025: Reading Journal and LLM Fatigue Revisited
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 13, 2025
IRC logs for Wednesday, August 13, 2025
Internet Relay Chat and Gemini Protocol Help Us Relive the Net of the Dial-Up Era
The kids were alright
"GPT-5" is Another Microsoft Dead Cat Trying to Bounce
The hype, the momentum (or the inertia) is wearing off
Microsoft Windows Losing Its Grip Near Turkey and Russia
The 'corridor' nations connecting Iran to Europe
Slopwatch: LinuxSecurity, Google News, and Serial Slopper (SS)
The slop, the bad, and the ugly
Links 13/08/2025: The “Incriminating Video” Scam and Corruption in South Korea
Links for the day
Gemini Links 13/08/2025: Movie Memories and Mystery Machine Bus
Links for the day
Links 13/08/2025: GitHub Trouble and Openwashing by Microsoft OSI With the Typical Buzzwords
Links for the day
If Free/Libre Software is Adding Trillions in Value to the European Economy, Then the European Commission Must Crush Software Patents
Further to what we wrote yesterday
Microsoft Swallows GitHub Losses
Only Microsoft knows how much money it has already lost on GitHub
Gemini Links 13/08/2025: Climate, Coffee, and Deploying Troops in Washington DC After Pardoning 1,000+ Insurrectionists in Washington DC
Links for the day
The Register MS Lowered MS Focus This Week
We hope The Register recognises its errors and tries to make up for them
Learning Ethics From Jeffrey Epstein's Enabler/Client/Ally, Coca-Cola, and Microsoft Accenture
Whatever merits vocabulary changes initially had are being tainted or obscured by later iterations, which tell us to avoid word like "normal", which apparently offend some people (so they argue)
Personal Attacks From Rust People Serve to Confirm They Have Lost the Argument
"The discussion I find around the net so far has no technical merit and centers around ad hominem"
Physical Meters and Purely Mechanical Meters Aren't Dumb; It's Dumb to Mock or Dismiss Them as Antiquated
I've learned a lot this week, both online and over the telephone
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 12, 2025
IRC logs for Tuesday, August 12, 2025
GitHub Will End Up like XBox and Skype
It is not likely that the XBox franchise will survive the next 5 years
Stones Thrown in Glass Houses
Projecting? You bet!
As Europe Gets Increasingly Serious About Software Freedom and Digital Sovereignty It Needs to Enforce a Ban on Software Patents ASAP
many councils in Europe move to Free software and US policy/companies cannot be trusted
Windows 12 in Bahrain (Microsoft "Market Share" Down to 12%, an All-Time Low)
They really ought to get away from Windows even faster
The Web Needs 'Pest Control' When It Comes to LLM Slopfarms
The goal is to discourage more sites becoming slopfarms
Microsoft Can Now Stop Reporting the GitHub Layoffs (Even When They Happen)
GitHub's original staff will see the true cost of becoming "b0rged" - something that Microsoft earned a bad reputation for
How to Get Very Bad or Even Malicious Code Into Linux? Write it in a Language That Linus Torvalds and Most Other Linux Developers Don't Understand.
One point nobody brings up is, what if code gets committed while evading audits and scrutiny?
Links 12/08/2025: Wikipedia Fails at UK High Court, Perlmutter Still Fights to Squash the Slop Lobby
Links for the day
Gemini Links 12/08/2025: Field Recording and Digital Legacy
Links for the day
Links 12/08/2025: WinRAR Zero-Day, SonicWall Does More Harm Than Good
Links for the day
Links 12/08/2025: More Sabotage of Underwater Cable Ahead of Russian Alaska Summit
Links for the day
Richard Stallman Will Not Miss Microsoft GitHub, It Was Only Good at Harvesting a Lot of Code for Plagiarism-as-a-Service
investors are apparently willing to lose money for buzzwords
Slopfarms Slopping Away at "Linux" and Spreading Microsoft Misinformation
Slopfarms don't comprehend this as they lack actual comprehension, they're just parrots
Links 12/08/2025: Science, Hardware, and Ukraine Excluded From Negotiations About Its Future
Links for the day
GitHub the Company Has, in Effect, Just Died (Time to Look for Alternatives)
To Microsoft, what's left of GitHub after dismantling/folding it is some "training set" (people's code, without permission to "train" i.e. misuse under the guise of "GenAI" plagiarism)
Linux Foundation Says "Housekeeping", "Hung", "Normal", "Native Feature/Support" and "Girl/Girls" Are Offensive Words
Bombing people is OK, just use the right "terms"
It Looks More Like Microsoft GitHub Layoffs
GitHub is just losing loads of money
Gemini Links 12/08/2025: Meditation, OpenStreetMap, Smolweb, and More
Links for the day
Google News is Dying: Most of Its Top Stories Now Are LLM Slop With Slop Images (i.e. 100% Fake 'Content')
Google News has been drowning in this sort of stuff for quite some time
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 11, 2025
IRC logs for Monday, August 11, 2025
Our Predictions Were Right: GitHub Dying as Losses Pile Up (as a Company It Cannot Continue to Exist, It's Not 'Free Hosting')
GitHub always lost money